News & Events

CHSH Newsletter: Introduction of "daddy month" and "part-time sick leave"

Submitted By Firm: CHSH - Cerha Hempel Spiegelfeld Hlawati

Contact(s): Julian Feichtinger, Mirela Nathanzon


Julian Feichtinger, LL.M., Susanne Molitoris, LL.M., Christopher Peitsch

Date Published: 2/24/2017

Article Type:

Share This:

Introduction of "daddy month" and "part-time sick leave"

From the beginning of March and July respectively, the introduction of family leave ("daddy month") and employee reintegration on a part-time basis ("part-time sick leave") will open up new possibilities for employees. This newsletter is intended to provide you with a brief summary of the most significant and important changes introduced by the legislation. It should therefore not be considered a conclusive account of all amendments introduced. If you have further questions regarding the new regulations, the labour law team at CHSH will as always be happy to advise you.

Family leave under the Family Leave Bonus Act

From 1 March 2017, fathers in gainful employment (including adoptive and permanent foster fathers) are entitled to a family leave bonus of EUR 22.60 per day if they take off between 28 and 31 consecutive days of family leave within the first 91 days after the birth of a child born on or after 1 March 2017. A precondition for this is that the father lives in the same household with the mother and child, all are resident in Austria and they are entitled to claim family allowance for the child. In addition, the employee must have engaged in professional activities subject to mandatory health and pension insurance over the past 182 days.

Women within the meaning of Section 144 of the Austrian Civil Code have equivalent status to fathers. This includes in particular any woman who is living in a registered partnership with the mother who underwent medically assisted reproduction between 300 and 180 days before the birth, has acknowledged that she bears parental responsibility for the child or whose status as a parent to the child has been recognised by a court of law.

Whereas the Family Leave Bonus Act comprehensively regulates the requirements governing the entitlement of employees to family leave bonus, not such entitlement was concluded in labour law legislation. Strictly speaking, the employee therefore does not have an enforceable right to family leave vis-à-vis the employer; instead, it is necessary for an agreement to be concluded. During the period in which family leave is taken, the employee is released from the obligation to work but is also not entitled to continued payment of remuneration. The family leave bonus is paid by social security institutions. No special protection exists against termination of employment.

Even though an employee has no legal right to family leave vis-à-vis the employer, it may be advisable for the employer to take a consistent approach so as to avoid any claims made on the basis of unequal treatment. For instance, the employer could draw up a "policy" setting out the conditions that need to be met to secure its approval, thereby helping to ensure the subject is treated in a uniform way. Of course, the policy could include conditions that go beyond the aforementioned requirements (e.g. relating to duration of service with the company).

Reintegration on a part-time basis (Sec 13a of the Labour Contract Law Amendment Act)

From 1 July 2017, Section 13a of the Labour Contract Law Amendment Act will make it possible for employees on long-term sick leave to return to work initially on a part-time basis. The legislator wishes to make it possible for those who have been off work for a prolonged period of time due to serious illness to return to the workplace gradually and thus strengthen the employee's fitness for work in a sustainable way.

So-called employee reintegration on a part-time basis can be agreed in writing if the employee has been on sick leave for at least six weeks without interruption and the employment relationship had already existed for at least three full months. The reintegration of employees on a part-time basis must last at least one and no more than six months. The period can be extended once by one to three months if it continues to be deemed appropriate from the perspective of the effect it has on the occupational health of the employee.

The reduction in weekly normal working hours must be between 25% and 50%. However, the employee must work at least twelve hours per week. The remuneration to which the employee is entitled for working part-time must be above than the low income threshold (i.e. EUR 425.70 in 2017). In addition to the remuneration calculated on the basis of the number of hours worked, the employee is also entitled to reintegration pay. This is paid out by the relevant social security institution. If the employee ceases to be entitled to reintegration pay, the period of employee reintegration on a part- time basis will end on the day after the reintegration pay is withdrawn.

The agreement can only be concluded if there is confirmation of the employee's fitness for work and if the parties have had a consultation provided for under the Work and Health Act, during which an employee reintegration plan was drawn up. The works council, if one exists, must be involved in negotiations for the reintegration of the employee on a part-time basis.

Upon termination of the employment relationship during the reintegration period, entitlement under the old severance scheme, annual leave payments and compensation for termination must be calculated on the basis of the employee's undiminished remuneration.

As regards the period of reintegration on a part-time basis, it may well be advisable for employers to lay down in general terms the conditions that apply to the reintegration of employees on a part-time basis in order to avoid unequal treatment. 

Find a Member

View or print a complete ELA member list »

Client Successes

Altra Industrial Motion Inc.

Altra Industrial Motion Inc. has multiple locations in the U.S., as well as Central America, Europe, and Asia. The Employment Law Alliance has proved to be a great asset in assisting us in dealing with employment issues and matters in such diverse venues as Mexico, Australia, and Spain. We have obtained excellent results using the ELA network for matters ranging from a multi-state review of employment policies to assisting with individual employment issues in a variety of foreign jurisdictions.

In one instance, we were faced with an employment dispute with a former associate in Mexico that had the potential for substantial economic exposure. The matter had been pending for over a year, and we were not confident in the employment advice we had been receiving. I obtained a referral to the ELA counsel in Mexico, who was able to obtain a favorable resolution of the dispute in only a few days. Based on our experiences with the ELA, we would not hesitate to use its many resources for future employment law needs.

American University in Bulgaria

In my career I have been a practicing attorney, counsel to the Governor of Maine, and CEO of a major public utility. I have worked with many lawyers in many settings. When the American University in Bulgaria needed help with employment litigation in federal court in Syracuse, New York, we turned to Pierce Atwood, the ELA member we knew and trusted in Maine, for a referral. We were extremely pleased with the responsiveness and high quality of service we received from Bond Schoeneck & King, the ELA's firm in upstate New York. I would not hesitate to recommend the ELA to any employer.

David T. Flanagan
Member of Board of Trustees 

Arcata Associates

I really enjoyed the Conducting an Effective Internal Investigation in the United States webinar.  We are in the midst of a rather delicate employee relations issue in California right now and the discussion helped me tremendously.  It also reinforced things that you tend to forget if you don't do these investigations frequently.  So, many, many thanks to the Employment Law Alliance for putting that webinar together.  It was extremely beneficial.

Lynn Clayton
Vice President, Human Resources

Barrett Business Services, Inc.

I recently participated in the ELA-sponsored webinar on the Employee Free Choice Act.  I was most impressed with that presentation.  It was extremely helpful and very worthwhile.  I have also been utilizing the ELA's online Global Employer Handbook.  This compliance tool is absolutely terrific. 

I am familiar with several other products that purport to provide up-to- date employment law information and I believe that this resource is superior to other similar compliance manuals.  I am delighted that the ELA provides this free to its members' clients.

Boyd Coffee Company

Employment Law Alliance (ELA) has provided Boyd Coffee Company with a highly valued connection to resources, important information and learning. With complex operations and employees working in approximately 20 states, we are continually striving to keep abreast of specific state laws, many of which vary from state to state. We have participated in the ELA web seminars and have found the content very useful. We appreciate the ease, cost effectiveness and quality of the content and presenters offered by these web seminars.  The Global Employer Handbook has provided our company with a very helpful overview of legal issues in the various states in which we operate, and the network of attorneys has helped us manage issues that have arisen in states other than where our Roastery and corporate headquarters are located in Portland, Oregon.

Capgemini Outsourcing Services GmbH

As an international operating outsourcing and consulting supplier Capgemini has used firms of the Employment Law Alliance in Central Europe. We were always highly satisfied with the quality of employment law advice and the responsiveness. I can really recommend the ELA lawyers.

Hirschfeld Kraemer

Stephen HirschfeldAs an employment lawyer based in San Francisco, I work closely with high tech clients with operations around the globe. Last year, one of my clients needed to implement a workforce reduction in a dozen countries simultaneously. And they gave me 48 hours to accomplish this. I don't know how I could have pulled this off without the resources of the ELA. I don't know of any single law firm that could have made this happen. My client received all of the help they needed in a timely fashion and on a cost effective basis.

Stephen J. Hirschfeld

Hollywood Entertainment Corporation

As the Vice President for Litigation & Associate General Counsel for my company, I need to ensure that we have a team of top-notch employment lawyers in place in every jurisdiction where we do business. And I want to be confident that those lawyers know our business so they don't have to reinvent the wheel when a new legal matter arises. With more than 3400 stores and 35,000 employees operating in all 50 U.S. states and across Canada, we rely on the ELA to partner with us to help accomplish our objectives. I have been delighted with the consistent high quality of the work performed by ELA lawyers. I encourage other in-house counsel to use their services, as well.

Ingram Micro

Ingram Micro is the world's largest technology distributor, providing sales, marketing, and logistics services for the IT industry around the globe. With over 13,000 employees working throughout the U.S. and in 35 international countries, we need employment lawyers who we can count on to ensure global legal compliance. Our experience with many multi-state and multi-national law firms is that their employment law services are not always a high priority for them, and many do not have experts in many of their offices. The ELA has assembled an excellent team of highly skilled employment lawyers, wherever and whenever I need them, and they have proven to be an invaluable resource to our company.

Konami Gaming

Our company, Konami Gaming, Inc., is growing rapidly in a very diverse and highly regulated industry. We are aggressively entering new markets outside the domestic U.S., including Canada and South America. I have had the recent opportunity to utilize the services provided by the ELA. The legal advice was both responsive and professional. Most of all, the entire process was seamless since our Nevada attorney coordinated the services and legal advice requested. I look forward to working with the ELA in the future, as it serves as a great resource to the legal community.

Jennifer Martinez
Vice President, Human Resources

Nikkiso Cryo, Inc.

Until recently, I was unaware of the ELA's existence. We have subsidiaries and affiliates throughout the United States, as well as in Asia, the Middle East and Europe. When a recent legal issue arose in Texas, our long-time Nevada counsel, who is a member of the ELA, suggested that this matter be handled by his ELA colleague in Dallas. We are very pleased with the quality and timeliness of services provided by that firm, and we are excited to now have the ELA as an important asset to help us address employment law issues worldwide.

Palm, Inc.

The ELA network has been immensely important to our company in helping us address an array of human resources challenges around the world. I strongly encourage H.R. executives who have employees located in many different jurisdictions to utilize the ELA's unparalleled expertise and geographic coverage.

Stacy Murphy
Former Senior Director of Human Resources

Rich Products

As the General Counsel for a company with 6,500 employees operating across the U.S. and in eight countries, it is critical that I have top quality lawyers on the ground where we do business. The ELA is an indispensable resource. It has taken the guesswork out of finding the best employment counsel wherever we have a problem.

Jill K. Bond
Senior Vice President/General Counsel, Shared Services and Benefits

Ricoh Americas Corporation

We have direct sales and service offices all over the U.S., but have not necessarily had the need in the past for assistance with legal work in every state where we have a business presence. From time to time, we suddenly find ourselves facing a legal issue in a state where we have no outside counsel relationship. It has been a real benefit to know that the ELA has assembled such an impressive team of experts throughout the U.S. and overseas.

A few years ago, we faced a very tough discrimination lawsuit in Mississippi. We had never had to retain a lawyer there before. I was absolutely delighted with the Mississippi ELA firm. We received an excellent result. They will no doubt handle all of our employment law matters in Mississippi in the future. I have also obtained the assistance of several other ELA firms around the U.S. and have received the same outstanding service. The ELA is a tremendous resource for our company.

Roberts-Gordon LLC

Our affiliated companies have used the Employment Law Alliance in connection with numerous acquisitions, and have always been extremely pleased with our ability to obtain the highest quality legal advice on due diligence issues from jurisdiction to jurisdiction. We have found the Employment Law Alliance firms to be not only first rate with respect to their legal advice but also responsive and timely in assisting us with federal and state law issues critical to our due diligence efforts. We consider the Employment Law Alliance to be an important part of our team.

Rockwell Collins, Inc.

We have partnered with many ELA firms on the development and execution of case management strategies with very positive results. We have been very pleased with the legal advice and counsel provided by the law firms we have utilized who are affiliated with the Employment Law Alliance. The ELA firms we have worked with are customer focused, responsive, and thorough in their approach to handling labor and employment law matters.

Elizabeth Daly
Assistant General Counsel


Sanmina-SCI has facilities strategically located in key regions throughout the world. Our customers expect that we will provide them with the highest quality and most sophisticated services in the marketplace. We have that same expectation for the lawyers with whom we do business. With operations in 17 countries, we need to be certain that we have a team of lawyers working together to address our employment law needs worldwide. The ELA has delivered exactly what it promised-- seamless and consistent high quality services delivered in each locale around the globe. It has quickly become a key asset for our human resources department.


We own, manage, and franchise hotels throughout the U.S. and in more than 90 countries. With more than 145,000 employees worldwide, ensuring that we comply with the complex web of local labor and employment laws in every one of these jurisdictions is a daunting task. The Employment Law Alliance has served as an important resource for us and we have benefited greatly from its expertise and long reach. When a legal dispute or issue has arisen in some far-flung place, Employment Law Alliance lawyers have always provided responsive, practical, and cost-effective assistance.

Wilmington Trust Corporation

Wilmington Trust has used the ELA to locate firms in California, Washington State, Georgia, and Europe. Our experience with the ELA lawyers with whom we have worked has always been one of complete satisfaction and prompt, practical advice.

Michael A. DiGregorio
General Counsel